AHMAD Zahid Hamidi and Lokman Noor Adam must quit making “uncouth and contemptuous” comments on the judiciary, said the Malaysian Bar today.
“Such premature, venomous and reckless attacks on the courts should not have been made, and must be avoided at all times,” said Bar president Abdul Fareed Abdul Gafoor, referring to comments made by the Umno duo over the past week, in a statement.
Umno president Zahid had criticised the judiciary over the acquittal of a woman on a charge of reckless driving that caused the deaths of eight teenage cyclists, while Supreme Council member Lokman accused Prime Minister Dr Mahathir Mohamad of interfering in Najib Razak’s SRC International Sdn Bhd trial.
On October 28, the Johor Baru magistrates’ court acquitted and discharged sales promoter Sam Ke Ting, 24, who was charged with reckless driving that caused a crash two years ago in which the eight kids were killed.
Zahid, in a speech in Tanjung Piai, said: “When eight children playing on their bicycles in Johor were hit by a woman (driver), that woman was released as though there was no evidence.”
Earlier this week, the prosecution filed a notice of appeal against the magistrates’ court decision.
Fareed described Zahid’s comments as “reckless”, saying they could lead to the public feeling that the magistrate in the case had “taken into consideration matters that ought not to have been taken when deciding the matter”.
Lokman, meanwhile, made the accusation against Dr Mahathir after the Kuala Lumpur High Court ordered former prime minister Najib to enter his defence on the seven charges against him.
Najib has said he will give testimony from the dock when the trial resumes next month.
The Bar views the “sweeping statements” by the two Umno leaders as “uncouth and contemptuous”, said Fareed.
He said the cases raised by Zahid and Lokman are still in the “infant stages” of the trial proceedings, and their comments had gone beyond fair criticism and cast aspersions on the judiciary.
“Such statements undermine public confidence in the judiciary, and offend the dignity, integrity and impartiality of the courts.
“Both cases still have the potential to be further ventilated, and are wholly contingent on the parties involved to see them through.”
He said the criminal justice system comprises various stages, including the arrest, remand and charging of the accused.
“Once sufficient evidence has been gathered and the trial begins in court, it is for the prosecution to establish a prima facie case.
“If this has been achieved, it is then for the defence to decide whether they wish to defend the case. Such cases are first heard in a court of first instance, before a single judge, and usually involve the calling of witnesses.”
These cases are appealable twice, up to either the Court of Appeal or Federal Court, he added. – November 14, 2019.
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